Two Consultants Sue HSE Over Private Care Ban in New Surgical Hubs
Two consultants are suing the HSE to allow private care in new surgical hubs, which are currently public-only. The HSE is opening six hubs to reduce waiting lists, but prohibits private health insurance claims. The consultants argue this breaches their contracts, with the Minister for Health joining the case.
Two consultants, Prof Brian Manning and Prof Rustom Manecksha, are pursuing separate judicial reviews against the Health Service Executive (HSE) to secure the right to offer private care in new publicly funded surgical hubs. Minister for Health Jennifer Carroll MacNeill is applying to join the case as a notice party.
The HSE is establishing six new surgical hubs nationwide, aiming to deliver approximately 10,000 day cases, minor procedures, and 18,500 outpatient consultations annually. These facilities, part of a policy to shift elective care from acute hospitals, are intended solely for public patients. The first hub opened in south Dublin, with another due in Swords by month-end. Additional hubs are planned for Limerick, Galway, Waterford, and Cork.
In January 2025, the HSE confirmed that private health insurance claims would not be accepted for treatment in these hubs, even if private patients were treated as public patients on-site. The consultants, both on older contracts permitting public and private practice, contend that this prohibition breaches their legitimate expectations. The judicial reviews were filed last summer, and the case is ongoing. The Irish Hospital Consultants Association (IHCA) stated it supports members in protecting contractual rights but declined to comment on specific cases.